Assignment 1 19030

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1. A contract is made when a person promises to discover treasure by magic.

No, a contract isn’t made when a person promises to discover treasure by magic.

An agreement to do an act impossible in itself is void. Hence, in this the act of discovering treasure
by magic is by default void.

According to Section 56 of the Indian Contract Act, “A contract to do an act which, after the contract
is made, becomes impossible, or, by reason of some event which the promisor could not prevent,
unlawful, becomes void when the act becomes impossible or unlawful.”

2. A contract is not made when a person takes a seat in the public bus.

The above statement is wrong. When a person takes a seat in a public bus, there is an offer being
made by the public transporter which is being accepted by the person. Thus, there is an implied
contract between the person and the public transporter.

According to the section 9 of the Indian Contract Act, “In so far as the proposal or acceptance of any
promise is made in words, the promise is said to be express. In so far as such proposal or acceptance
is made otherwise than in words, the promise is said to be implied.”

3. A void agreement is enforceable at the option of one of the parties.

The above statement is incorrect from a legal point of view. According to the section 2(i) of the
Indian Contract Act, “An agreement which is enforceable by law at the option of one or more of the
parties thereto, but not at the option of the other or others, is a voidable contract.”

Thus, a void agreement is enforceable at the option of one of the parties.

4. A contract is made when a person submits a bid at a public auction.

No, a contract isn’t made when a person submits a bid at a public auction. For a contract to come
into picture in this case, the auctioneer has to accept the bid made by the bidder.

According to Section 2(b) of the Indian Contract Act, “When the person to whom the proposal is
made signifies his assent thereto, the proposal is said to be accepted.”

5. A contract is made when a person orally promises to pay Rs.500.

The above statement is incorrect. When a person orally promises to pay ₹500, he enters into an
agreement. The agreement is said to become a contract if it has the essentials of a valid contract.

According to Section 10 of the Indian Contract Act, “All agreements are contracts if they are made by
the free consent of parties competent to contract, for a lawful consideration and with a lawful
object, and are not hereby expressly declared to be void.”

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